Is Petitioner entitled to compensation for injury that resulted from previous injury for which Respondent was liable?

IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2017 MTWCC 17, WCC No. 2017-3988. CHARLOTTE SUZOR vs. INTERNATIONAL PAPER CO.

Summary: Petitioner alleges that the injuries to her knees, for which Respondent previously accepted liability, caused one of her knees to give way while she was inside her home, which, in turn, caused her to fall and break her right wrist. She seeks medical benefits for her broken wrist. Respondent denied liability for her broken wrist, relying on claimant’s medical record which states she fell because she slipped on ice.

Held: Respondent is not liable for claimant’s right-wrist fracture because Petitioner failed to prove that her fall occurred as a result of her knee instability. Petitioner’s testimony did not convince this Court that her medical record was incorrect.

Judgment: Suzor is not entitled to medical benefits for her January 2016 right-wrist fracture.

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